- Justice Swarana Kanta Sharma ordered contempt proceedings against AAP leaders
- She said the excise policy case will be heard by another bench
- She said as she initiated the contempt proceedings, it is appropriate that the case be heard by another judge
Days after refusing to recuse herself from hearing a CBI petition against Arvind Kejriwal and others in the liquor policy case, Delhi High Court judge Justice Swarana Kanta Sharma on Thursday said the plea would now be heard by another bench. The judge, who initiated contempt proceedings against Kejriwal and other top AAP leaders after making scorching remarks against them, made it clear that her action shouldn't be construed as allowing the party chief's plea for recusal.
Justice Sharma said the excise policy case will be heard by another bench, clarifying that since she has initiated contempt proceedings, it is appropriate that the matter be transferred to some other judge.
"For a judge who is being targeted is a very lonely battle...This is not recusal. This is judicial discipline," Justice Sharma observed.
Kejriwal, one of the prime accused in the liquor policy case, had sought the judge's recusal because she had allegedly taken part in events linked to the RSS. He further cited past orders of the high court in the same case, rejecting bail pleas which he said were later turned over by the Supreme Court.
AAP leaders also flagged that the children of the judge were empanelled with Solicitor General Tushar Mehta. However, Justice Sharma refused to do so, asserting that there was no material to substantiate claims of bias.
The AAP chief hadn't been appearing in the liquor policy case before the Delhi High Court, alleging bias on Justice Sharma's part.
The judge today ordered contempt proceedings against Kejriwal, Manish Sisodia, Durgesh Pathak, Sanjay Singh, Vinay Mishra, Devesh Vishwakarma and Saurabh Bhardwaj, saying "extremely vilifying, extremely contemptuous, and defamatory material" was being spread online by these leaders, amounting to an attack on the judiciary.
Also read: "Arvind Kejriwal Cannot Intimidate Me": High Court Initiates Contempt Action
Justice Sharma said that "a parallel narrative was being constructed outside through a digital campaign" by contemnors "armed with political powers".
"My family members were dragged and vilified with edited videos... It was to intimidate not only me but the institution of the judiciary," added the judge.
Kejriwal had recently shared a video on X, saying he didn't hope to get justice from the judge.
"My hope of receiving justice from Justice Swarnkanta Sharma Ji has been shattered... Listening to the voice of my conscience, adhering to the principles of Gandhi Ji, and with the spirit of Satyagraha, I have decided that I will not appear before her in this case and will not present any arguments either," his post read.
Institution Put On Trial: Justice Sharma
The judge said on Thursday that she was trained to accept criticism, but it was her duty as a judge to ensure that the court was not governed by such allegations.
"When the institution is put on trial, it becomes the duty of the judge to ensure that the court is not governed by such allegations," the judge said.
Also read: Delhi High Court Hints At Contempt Action Against 'Some' In Liquor Policy Case
"I am trained to accept fair criticism and dissent... The robe worn by the judge demands calmness... However, sometimes remaining silent is not judicial restraint. The moment has arrived today," she added.
She also said that Kejriwal was trying to intimidate her.
Earlier this month, Justice Sharma refused to accede to Kejriwal's plea for her recusal.
Also read: "Ready To Bear Consequences": Full Text Of Arvind Kejriwal's Letter To Judge
"If I recused myself today, I would be abandoning my duty. Arvind Kejriwal has said so many times while arguing that he is not doubting my integrity, but he has doubts in his mind. Such illusions in the mind of Kejriwal cannot be ground for recusal," Justice Sharma had said.
